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tv   The Journal Editorial Report  FOX News  February 1, 2014 11:00am-11:31am PST

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this week on the journal editorial report, president obama vows to go alone and act on his agenda even if congress won't. how far will executive orders and regulation get him? >> plus, he's taking his inequality tour back on the road. is economic mobility really on deet klein in america? just in time for the super bowl, the debate over football safety heats up. will you let your son play in the nfl? wherever and whenever i can take steps without legislation to expand opportunity for more
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american families, that's what i'm going to do. i'll act on my own to slash bureaucracy and streamline the permit process for key projects. i'll require federal contractors to pay their federally funded employers a fair wage of $10.10 an hour. i intend to keep trying with or without congress to help stop more tragedies from visiting innocent americans in our movie theaters and shopping malls or schools like sandy hook. welcome to "the journal editorial report." i'm paul gigot. that was president obama vowing to go alone if congress refuses to act on his stalled agenda. it's made ample use of executive orders and regulation in the past. what can we expect as his second term wears on. do republicans have recourse? let's ask dan henninger, kim
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stroseel and james freeman. we at "the journal" argued in the past for a long time about energy in the executive as alexander hamilton put it. you need a president to lead. what's wrong with the president of the united states saying i'm going to lead, i'm going to do this? >> we never said the president should simply set the second branch of government aside, congress, and have nothing to do with them. that's why we are talking about the unilateral presidency. obama has been going in this direction since the beginning of his term. after the 2010 elections when he started doing things like deciding to enforce the dream act on his own. >> you think there is a difference in degree and kind with what this president is doing and previous presidents have done, am i reading you fairly? >> yeah. some of the things he has done i think have been described as literally breaking the law. for instance, telling states
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they can get exemptions from the no child left behind act and things like that or the obama care decisions he made which is returning the waiving the requirements for employer mandate. this is different than taking executive decisions and executive authority or regulatory decisions that simply most discretion to the regulatory agencies have been required over time. this is a different degree all together. >> kim, how much can this president really accomplish going out on his own? can he fulfill an awful lot of his agenda this way? >> a fair amount. there are obviously limits. for instance in the gun debate he wanted gun legislation that would, for instance, restrict the capacity of magazines. he needed congress to do that.
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there are tons he can do. the environmental protection agency. he didn't get congress to pass a cap-and-trade bill. he is implementing it through the epa. he will continue to do that. he laid out in the state of union this week the areas where you will see continued action like that. >> james, on the epa, what is the recourse if the president, when he moves on regulation like this, is there a response? obviously, it can't be challenge in the courts and you're seeing that. for example, the recess appointment decision probably will be overturned in the coming months by the supreme court. are the courts the only recourse? >> you have a few options. you mentioned the justices all seemed skeptical of his claim he and not congress declares when congress is in recess. if the courts can help, that's great. congress does have a role to play. they have the appropriations
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power. they can say in the annual bills when they fund the government, you may not spend any of this money implementing x, y or z. they also -- >> the senate will say you must fund it because they are controlled by the president's party. that doesn't work very well. >> another option is there are ways that congress can effectively force votes, referenda on specific regulations. you need a senate to cooperate. if you are someone who wants to set the constitutional limits on the president, what you think about is at least forcing some of these votes, making those democratic senators up this fall affirm whether they support the president's unilateral action. >> the politics isn't about the leadership. he had a terrible 2013. his base is demoralized. he wants to show them, look, i can still accomplish something. i'm acting.
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i'm doing something. even if it ends up exaggerating the amount of things he can get done. >> there is always the little issue of what exactly is he doing. substance has to matter. the problem with a lot of the obama agenda, it's hard to see where any of the things he wants to do is going to produce more economic growth than we have had. most of what the environmental protection agency is doing such as trying to suppress, if not shut down electric and utilities has a downward effect on states out in the middle west who produce coal or use it in utilities. he went through this in his first term. you had democratic senators pushing back against the carbon control initiatives. if the economy continues to stay and you an employment stays high, there will be political pushback what the president is doing. >> we had ted cruz, the imperial
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presidency of barack obama. does this have traction politically this year? is this going to fire up republicans and worry enough voters to make a difference? >> absolutely. that was the risk of this state of the union address. yes, i wants to reassure his own base he has some juice. this does not go over very well with independents and obviously with republicans. it's growing as a theme. he energized that talking about it so much. one of the biggest problems that the president has is that when you look at the poll data looking at him, he lacks trust among the american people. this will not help. >> thanks, kim. still ahead, fresh off his state of the use un-on speech, the president takes his inequality tour back on the road. is economic mobility in america really on the decline? we'll check the numbers next. >> inequality has deepened. upward mobility has stalled. fifteen minutes could save you
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a dangerous and growing inequality and lack of upward mobility that has jeopardized middle class america's basic bargain, that if you work hard you have a chance to get ahead. i believe this is the defining challenge of our time. >> that was president obama in a speech late last year calling inequality and declining economic mobility america's greatest challenge. he promised action on a host of issues he believes will level the playing field. is economic inequality in america really on the rise? we are back with dan henninger, kim strassel and jason reilly also joins the panel. kim, the defining challenge of our time?
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>> i don't think so. there is a reason politically that the president is doing this. it's a chance for him to roll out criticism of republicans, claim all the evils of the world, the fact they won't push his policy proposals, but also a chance to divert attention away from his own failing economic policies. >> james, i've been looking at the evidence here. income inequality increasing? what about economic mobility which is really what we care about. is that also declining? >> economic mobility is not declining. this is 180 degrees from what the president is saying and republicans are saying. everyone in washington agrees economic mobility is going away in america and they are flat wrong. the evidence comes from mr. obama's own treasury department. the memos aren't getting up to the second and over to the white house. three economists at treasury published a study in the
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national tax journal. what it shows is tremendous economic mobility. the ability to start out in humble circumstances and arise in america. it's roughly 70% of the population that begins in the lowest 20% of the income bracket at birth, ends up in a higher bracket. this is just what you would hope for in an american system that allows people to rise on their talent and hard work. >> that is over 20 years. it's a very long study, very detailed. irs records. a lot of detail. >> you are seeing people with the ability to rise. you are seeing people with the ability to fall. there is a narrative that this 1% is the rich people that the president and others love to vilify are locked in this permanent status above the rest of us. the truth is they drop out of the 1% all the time year-to-year. you are seeing a dynamic
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picture. the american dream is alive and well. >> the fascinating thing is people tend to be rich for a year. they cash in a bonus, stocks they build up, then they fall out. >> they like to study income brackets versus individuals who often move between brackets over the course of a lifetime. study after study has shown. a study a couple of years ago looked at a couple of thousand tax returns. found in 1996 more than half the people in the 1% were no longer there. the bottom 20%, more than half of them were no longer there ten years later. not only is there mobility, it's working both ways from the top and the bottom, which is what we want. >> how should we respond politically to this kind of agenda? >> we should run straight at it. ask yourself what is going on here? i think what is going on here is the left and the democratic party, two things. i believe they do believe this
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stuff. they american society as static. they get stuck here and the rich there. in their view the solution is to tax people, the upper middle class, flow that money down below and equalize america. the only way they an sell that is to create enormous resentment of people up here. that's the strategy right now. this is not an accurate description of the way american society works. they do believe it. they are determined to get this resolved. >> it's fascinating, kim. the president in the state of the union didn't use some of the same inequality rhetoric he has in the past. he talked about economic opportunity which resonates with the american public. was that a deliberate change? i assume it was poll tested. >> absolutely. if you have approval ratings like the president has right now, you don't want to come out and sound angry. you want to have a message of hope. he adopted what is essentially a republican language on this
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issue, which is about opportunity. the kernels of what is coming is evident in that speech. it's going to be a war on women and a war on the rich. >> what about the agenda extending unemployment benefits, raising the minimum wage that the president offered? do those really do anything about income mobility and inequality? >> no. they don't add to economic opportunity either. raising the minimum wage is going to help people who already have a job provided they can keep it. it's not going to help people out of work and trying to get into the labor force. that is not a way you spantd opportunity for people who want to climb the economic ladder. >> it seems focus should be on upward mobility, economic opportunity and growth. we don't have growth, you'll never get that. >> and education. >> key thing about economic mobility, education reform to make sure the poor can have the skills to get ahead. all right.
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still ahead on this super bowl weekend, renewed debate over the dangers of football. america's fan in chief is once again weighed in saying he wouldn't let his son play in the nfl. just how dangerous is the game? he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap.
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will be available on every device. on tv, online or streaming on the nbc sports live extra app. beginning february 6th, experience the winter games everywhere. welcome to what's next. comcast nbcuniversal just in time for the super bowl. a renewed debate over football safety. president obama, a well-known fan of the game recently reiterated his feelings on its dangers. telling "new yorker" magazine he would not let his son play on the professional level. the nfl has been sued by more than 4,500 players for issues relating to head injuries. college and high school play is coming under increased scrutiny. youth leagues in the united states are seeing a drop in participation. just how great are the risks?
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we are back with james freeman and jason reilly. jason, long suffering buffalo bills fan. will not have a firm rooting interest here, but what do you make of the president's remarks? >> well, first i think i prefer him talking more about football and less about health care and the economy. >> that's an ideological aside. >> i don't think concussion studies can be dismissed out of hand. i don't have a problem with the league trying to make the game safer. i think that doesn't ruin fundamentally the game. i don't also think that these head injury studies suggest football needs to be banned or anything that drastic. when it comes to parents and where they steer their children in terms of which sports, i can say that my father played professional football in canada back in the '60s. he didn't suffer any head injuries, but he did have
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constant shoulder surgeries and knee surgeries and wrist surgeries over the years. it took a toll on his body. he steered me consciously towards other sports growing up. he said if i had to do it over again, i probably would have gone with a baseball or basketball instead. >> james, the freeman household, i've got rambunctious boys. what do you tell them? >> they play football. i think all of life is a trade-off it's a balance. i think the problem when people focus on some of these stats and we are going to get more research and learn more. there is cause for concern. you have to remember there is no risk-free alternative. if you were saying my number one goal is to prevent deadly threats to children, you would say stop bike riding. you might say keep them far away from automobiles under any circumstances. >> what about the concussion evidence? is it unique, is it worse in football than it is for other sports? >> i think that's fair to say.
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it's a complicated picture. your alma mater dartmouth showing causing concern around football and hockey, you may have an effect on the brain from repeated strong hits. >> are these at the professional level? >> college students. what that means is, okay, if you're saying we are going to try and take risk out of competitive sports, you may be getting rid of hockey along with football. when you go deeper in ncaa data, you see football is high on the concussion rate. people may be surprised to see how high the rates are for field hockey, for soccer, for some other sports that are not thought of as being especially brutal. i think as you get into this question of risk analysis, and we ought to get more data, i think people are going to maybe get more of a perspective that there are benefits to team sports. there are offsetting elements in terms of character building and things we appreciate.
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>> take that point on, this alternative issue. we have a report in the "journal" team sports participation across the board is down among young people. that can't be good if you are sitting in your room on instagram or working grand theft auto, right? >> no. we want active kids. some of the explanation for that might be in more kids specializing in one sport. kids used to play a lot of sports. now there is evidence people specialize and concentrate on one sport which will lead to decline in participation across the board. we want active kids. we don't want them sitting around playing video games all day. there are many things you can do. my only point is i don't think the concern obama expressed is out of bounds or something that a lot of american parents haven't thought about themselves. >> i think he has to remember, he is the president. to say i wouldn't let my son if i had one play football. i think is a fairly broad
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statement and would have been nice to have qualifiers in there, some perspective on the risks. >> all right, gentlemen. when we come back, hits and misses of the week. when it comes to good nutrition, my daughter's an expert. hi dad. she's a dietitian. and back when i wasn't eating right, she got me drinking boost. it's got a great taste, and it helps give me the nutrition i was missing. helping me stay more like me. [ female announcer ] boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle.
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time now for hits and misses of the week. >> this is a miss for hillary clinton who said her biggest regret as secretary of state was the benghazi-libya attacks in 2012. this is not the same as an apology or taking responsibility for what happened. this is about positioning herself for 2016 run. there was this bipartisan report critical of the state department. she thinks that might harm her presidential run and she is trying to put this behind her. >> kim? >> a miss for senate majority leader harry reid who is blocking president obama's call
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to legislation to block trade deals. it could be this is a return of that democratic ploy where you wait for an election year, tee up an issue the business community cares about and suggest that priority is dead until the campaign money starts flowing. business community might think it better for them to just simply try to elect people who do support trade. >> more frightening. senator tom harkin was in cuba last week and claims he went on 186 mile walk out in the country side and concluded the cuban health system is quite remarkable. very good. we have had admirers in the past of the dungeon paradise. tom harkin is the chairman of the senate health and education committee. these are the guys who wrote the rules for the affordable care act. does this mean obama care is going to turn into the cuban health care system? >> maybe he should retire there. all right.
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if you have your own hit or miss, send it to us at jeron fnc. that's it for this week's show. thanks to my panel. especially to you for watching. i'm paul gigot. hope to see you here next week. you can feel excitement is building here in the big apple with the super bowl just one day away. moments ago new jersey governor chris christie and new york governor andrew cuomo are handing off official super bowl duties to next year's host state arizona. represented by governor jan brewer, all happening right there in times square. i am ready for some football. are you? >> yes, i certainly am. i picked both teams in the

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